Climate change litigation

In the absence of an international treaty to address global warming, climate change litigation is presenting itself as an attractive alternative path to address the effects of climate change. Environmental groups and affected individuals and groups have taken up the challenge and brought climate change related actions before the courts. Lawsuits have targeted unresponsive governments or companies that are major greenhouse gas emitters. This article focuses on avenues that have been used, and other potential causes of action which could be used, to litigate issues relating to climate change. At the national level, plaintiffs have used tort law (public nuisance, negligence, civil conspiracy, and misrepresentation), administrative law (merits review and judicial review proceedings) or constitutional law grounds (enforcement of a constitutional right). Environmental disputes have also been litigated before a range of international fora, including the International Court of Justice, the International Tribunal for the Law of the Sea or regional human rights courts.